M/s Vikas Souhardha Co-operative Bank Ltd., Hospet V. Assistant Commissioner of Income Tax Circle-1, Bellary

ITA 850/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7629 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 17-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R RAMESH
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER S .P. NO. 1 4 8 /BANG/2017 & ITA NO. 8 5 0 /BANG/201 7 ASSESSMENT YEAR: 20 1 2 - 1 3 M/S. VIKASSOUHARDHA CO-OPERATIVE BANK LTD., P.B. NO. 44, MITTAL COMPLEX, OPP: SRIRAMULU PARK, HOSPET. PAN: AAABV 0146N VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, BELLARY. APPELLANT RESPONDENT APPELLANT BY : SHRI BALRAM R. RAO, ADVOCATE RESPONDENT BY : SHRI B.R. RAMESH, JCIT (DR) DATE OF HEARING : 01 .0 9 .201 7 DATE OF PRONOUNCEMENT : 01 .0 9 .2017 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS STAY PETITION HAS BEEN FILED BY THE ASSESSEE S EEKING STAY OF DISPUTED OUTSTANDING DEMAND OF RS. 78,93,860/-. IN THE COUR SE OF HEARING OF THIS STAY PETITION, IT WAS SUBMITTED BY THE LD. AR OF ASSESSE E THAT THE ORDER OF LD. CIT (A) IS EX-PARTE QUA THE ASSESSEE AND ALTHOUGH AS PER TH IS ORDER OF CIT (A), FOUR DATES WERE FIXED FOR HEARING I.E. 18.08.2016, 30.08.2016, 20.09.2016 AND 19.10.2016 BUT THESE NOTICES WERE NOT SERVED ON THE ASSESSEE A ND THEREFORE, NO COMPLIANCE COULD BE MADE BEFORE CIT (A). AT THIS JUNCTURE, IT WAS POINTED OUT BY THE BENCH THAT IN VIEW OF THESE FACTS, THE IMPUGNED ORDER OF CIT(A) IN WHICH HE HAS NOT DECIDED THE ISSUE ON MERIT AND SIMPLY DISMISSED THE APPEAL OF THE ASSESSEE BY FOLLOWING THE TRIBUNAL ORDER RENDERED IN THE CASE O F CIT VS. MULTIPLAN INDIA (P) LTD. AS REPORTED IN [1991] 38 ITD 320(DELHI), THE M ATTER HAS TO GO BACK TO THE S.P. NO. 148/BANG/2017&ITA NO.850/BANG/2017 PAGE 2 OF 3 FILE OF CIT(A) FOR DECISION ON MERIT AFTER PROVIDIN G REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. IN REPLY LD. AR OF AS SESSEE HAD NOTHING MORE TO SAY APART FROM SAYING THIS THAT THE APPEAL ITSELF MAY B E DECIDED AND THE STAY PETITION MAY BE DISMISSED. THE LD. DR OF REVENUE ALSO HAD N OTHING TO SAY. 2. WE HAVE CONSIDERED THE FACTS OF THE PRESENT CASE AS DISCUSSED ABOVE AND IN VIEW OF THESE FACTS THAT THE ORDER OF CIT (A) IS EX-PART E QUA THE ASSESSEE AND IN THE SAME, THE CIT (A) HAS NOT DECIDED THE ISSUE IN DISP UTE ON MERIT, IN OUR CONSIDERED OPINION, THE MATTER HAS TO GO BACK TO TH E FILE OF LD. CIT (A) FOR DECISION ON MERIT AFTER PROVIDING REASONABLE OPPORT UNITY OF BEING HEARD TO BOTH SIDES. HENCE, WE SET ASIDE THE ORDER OF CIT (A) AN D RESTORE THE MATTER BACK TO HIS FILE FOR FRESH DECISION AFTER PROVIDING REASONA BLE OPPORTUNITY OF BEING HEARD TO BOTH SIDES. IN VIEW OF THIS DECISION, WE DO NOT MAKE ANY COMMENT ON THE MERIT OF THE CASE. 3. THE STAY PETITION FILED BY THE ASSESSEE IS DISMISSE D AS IT DOES NOT SURVIVE BECAUSE THE APPEAL ITSELF IS DECIDED BY US. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STA NDS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THE DAY MENTIONED O N THE CAPTION PAGE. SD/- SD/- (SUNIL KUMAR YADAV) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 01 ST SEPTEMBER, 2017. /MS/ S.P. NO. 148/BANG/2017&ITA NO.850/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.